MANOJ KUMAR Vs. S.M.RAMCHANDRA MURTHY

JUDGEMENT

(1.) This matter is listed for admission. Heard the learned counsel appearing for the respective parties.

(2.) This CRP is filed under Sec. 18 of the Karnataka Small Causes Courts Act, 1964, against the order of rejection dtd. 10/2/2023 passed on I.A.No.II filed under Order VII Rule 10 read with Sec. 151 of CPC in S.C.No.659/2021 on the file of the II Additional SCJ and ACMM, Bengaluru (SCH- 13).

(3.) The main contention of the petitioner/defendant before the Trial Court by filing an application under Order VII Rule 10 of CPC is that the plaintiff has filed a suit suppressing the material facts and the plaintiff has no locus standi to file this suit and this Court suffers from lack of jurisdiction to adjudicate this matter. This application is resisted by filing statement of objections by the plaintiff contending that only to protract the proceedings as much as possible and thereby to harass the plaintiff, such an application is filed. It is contended that even after sufficient opportunity given, defendant has failed to cross-examine P.W.1 and even the Court had imposed cost of Rs.2,000.00. Instead of paying the cost and cross- examining the P.W.1, defendant has filed this application without any substance. By filing this application and keeping the application prolonged defendant is enjoying the premises without paying any rent. If the application is allowed, it will cause hardship to the plaintiff.